Indian treasure trove act, 1878

Guest
(Querist) 12 November 2011
This query is : Resolved
Whether treasure found within 2 feet from surface of earth belongs to owner of said land or finder? whether is it not necessary to report this fact to collector As per provision of indian treasure trove act,1878?
Sankaranarayanan
(Expert) 12 November 2011
What treasure is found and got .If any historical related or the materials been scheduled by the law , then you have to declare and the information should be passed to the concern district collector.
4. Notice by finder of treasure.—Whenever any treasure exceeding in amount or
value ten rupees is found, the finder shall, as soon as practicable, give to the
Collector notice in writing—
(a) of the nature and amount or approximate value of such treasure;
(b) of the place in which it was found;
(c) of the date of the finding:
and either deposit the treasure in the nearest Government Treasury, or give the
Collector such security as the Collector thinks fit, to produce the treasure at such
time and place as be may from time to time require
If fail to pass the information to the concern then face the bellow punishment and penalty
20. Penalty on finder failing to give notice, etc.—If the finder of any treasure fails
to give the notice or does not either make the deposit or give the security required by
section 4, or alters or attempts to alter such treasure so as to conceal its identity, theshare of such treasure, or the money in lieu thereof to which he would otherwise be
entitled, shall vest in Her Majesty.
And he shall, on conviction before a Magistrate be punished with imprisonment for a
term, which may extent to one year, or with fine, or with both.
If the owner of the
place in which any treasure is found abets, within the meaning of the Indian Penal Code
(Act XLV of 1860), any offense under section 20, the share of such treasure or the
money in lieu thereof to which he would otherwise be entitled, shall vest in Her Majesty,
and he shall, on conviction before a Magistrate, be punished with imprisonment which
may extend to six months, or with fine, or with both.
prabhakar singh
(Expert) 12 November 2011
The 3. Interpretation clause.—In this Act—
“treasure” means anything of any value hidden in the soil, or in anything affixed thereto:
Taking account of the law stated here in above,reporting or notice by finder seems mandatory.Non reporting shall attract offence u/ss. 20 & 21.
About depth the Act is silent; but there might be rules as states are conferred with rule making powers u/s 19 then it is better to look in to the rules of particular state of which this matter pertains before forming any final opinion.
Shonee Kapoor
(Expert) 12 November 2011
No Idea, experts have advised on it, so please go along with that.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com